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RES-7767 Consenting to the Approval of an Owner Participation AgreementRESOLUTION NO. 7767 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE CONSENTING TO THE APPROVAL BY THE ORANGE REDEVELOPMENT AGENCY OF AN OWNER PARTICIPATION AGREEMENT BY AND AMONG THE ORANGE REDEVELOPMENT AGENCY, CmBANK, N.A., AS SUBTRUSTEE FOR BANKERS TRUST COMPANY, AS TRUSTEE OF THE GENERAL MOTORS RETIREMENT PROGRAM FOR SALARIED EMPLOYEES TRUST AND THE GENERAL MOTORS HOURLY-RATE EMPLOYEES PENSION TRUST AND THE CITY OF ORANGE APPROVING THE PROVISION OF PUBUC IMPROVEMENTS AND MAKING FINDINGS WHEREAS, the Orange Redevelopment Agency (hereinafter referred to as the Agency") under the provision of the. California Community Redevelopment Law, is engaged in activities necessary for the execution of the Redevelopment Plan for the Southwest Redevelopment Project (hereinafter referred to as the "Project"); and WHEREAS, CITIBANK, N.A., as subtrustee for BANKERS TRUST COMPANY, as Trustee of the GENERAL MOTORS HOURLY- RATE EMPLOYEES PENSION TRUST (the "Participant") has proposed that the Agency enter into an Owner Participation Agreement submitted herewith (the NOPAH) pursuant to which the Participant proposes to (i) sell to the City of Orange (the "City") that certain real property identified in the OPA as the "Site" upon payment of the purchase price of 922,700 by the Agency, (ii) paying certain costs toward the cost of engineering services in connection with the improvement of city streets (Main Street and La Veta)the "Public Improvements") and (ill) provide certain other fmancial assistance to the Participant to defray the cost of landscaping adjacent to the Site; and WHEREAS, the implementation of the OPA will enable the City to provide needed infrastructure improvements to assist circulation within the vicinity of the Site and throughout that area subject to the Transportation System Improvement Authority the "TSIA") as established by the Joint Exercise of Powers Agreement Between the City of Santa Ana and the City of Orange creating the Transportation System Improvement Authority, dated December 18, 1984, and as amended by the Amendment to the Joint Exercise of Powers Agreement Between the City of Santa Ana andtheCityofOrangeCreatingtheTransportationSystemImprovementAuthority, dated May 20, WHEREAS, it is understood that funding for the improvement of Main Street funding shall be provided by the TSIA; and WHEREAS, the Agency and the City Council have duly considered all terms and conditions of the proposed OPA and believes that the development of the Site pursuant to the subject OPA is in the best interests of the City and health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable State and loca1law requirements; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES RESOLVE AS FOLLOWS: Section I: The City Council finds and determines that: (i) the provision of the Public Improvements is of benefit to the Project Area of the Project and the neighborhood in which such improvements are to be situated; and (ii) no other reasonable means of financing the Public Improvements are available to the City of Orange. Section 2: The City Council approves the provision of the Public Improvements by the City pursuant to the terms of the Agreement. The City approves the acceptance of title to the Site pursuant to the OPA. The City Council consents to and approves execution of the OPA by the Agency, and authorizes and directsthe Mayor, the City Manager, and the City Clerk to execute the OPA, its attachments and such further documents as are deemed by the City Manager appropriate to effectuates its provisions. ADOPTED this 19th day of March , 1991. ATTEST: iAbPr~P& City Clerk the . of Orange I hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the 19th day of March , 1991, by the following vote: AYES: COUNCILMEMBERS: STEINER,BARRERA,MAYOR BEYER,COONTZ,SPURGEON NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE City Clerk 0 e citY0 e r,. ~':'"~.;:.--R- ECORDING REQUt;STED BY 91=181379 ss AND WHEN RECORDED MAil TO r City of Orange City Hall 300 East Chapman Avenue Orange, Ca. 92660 L NameF J Recorded at the request of CHICAGO TITlE COMPANY 8: 00 A, M. APR 1 8 1991 City & State MAil TAX STATEMENTS TO r Street Address Citv& State- b--1 Official Records Orange County, California a'~Recorder E IlECORolNB RElIES1IO:ENTlAL JQ~ jY __....l:OD!t1oa-.:::.:-'~--SPACE ABOVE THISLINE FOR RECORDER' S USE Corporation Grant Deed THIS FORM FURNISHED BYTICORTITLEINSURERS EXEMPT' t C5 (Name same as above CAT. NO. NN00578 TO 1921 CA ( 6-86)The undersigned grantor(s) declare(s):Documentary transfer tax is $ None-(Fee Exempt Under Government Code 6103)computed on full value of property conveyed, orcomputedonfullvaluelessvalueofliens and encumbrances remaining at time of sale.Unincorporated area: (x ) City of Oran2e , and FORAVALUABLECONSIDERATION, receipt of which isherebyacknowledged, .Citibank, N.A., as Subtrustee for Bankers TrustCompany, as Trustee of the General Motors Retirement Program for Salaried Employee Trust andtheGeneralMotorsHourly-Rate Employees Pension Trust.a corporation organizedunderthelawsoftheStateofCaliforniaherebyGRANTStoCityofOrange, a municipal corporationthe following described real property in the City of Orange County of Orange , State of California:f(j 1 1 fJ 0 See Exhibit "A" attached hereto and made a part hereof I.fJ p In Witness Whereof, said corporation has caused its corporate name and seal to be affixed hereto and this instrument to be executed by its II I ,,<.. PresidenliaAEI SeeR/to."thereunto dulyauthorized. Citibank, N.A., as Subtrustee for Bankers Trust Company, TrusteeoftheGeneral Mo~ors Ke~1remen~ rrogram ror ~aiarledDatedMarch28, 1991 Employee TrustandtheGeneralMotorsI -> -STATE OF (."L,rOllI~I,...NIi.IoJ_Y 4l<"'__..._ I Hourly-RateEmployee~ :~nsi.on "~E~COIINTY{lF~.'. N~w~'{4t-l'.""._ SS_ h=:'~~-~:-;;:"~~ i~~-';" ._:......,On I\pt' lI ~ I 19f1 ,before me, the ~.~. /"/'1 Presid!! ot".. undersigned, a Notary Public in andfor said State, personally By 'Q, t{~ H'c')appearedfh,~~ L. L""'d...... _. ~___Sl.l.I<:.t:4IJ personallv known to m~ or provedtomeonthebasis of satis-factory evidence to be the person who executed the within V I ~~ f,..c.si d...t.~instrument as the Vi L-L President. and l'I'\ iLl......I :T. C.1......1:..:... personally known to me or proved tomeonthebasisofsatisfactoryevidencetobethepersonwhoexecutedthewithininstrumentasthe 'ljiCA.....Pt...~fd..t.r+" SeGI':'l~, r of the Corporation that executed the'viithin instrumentandacknowledgedtomethatsuchcorporatLqJ1executedthewithininstrumentpursuanttoitsby-laws or a resolution of its board of directors.WITNESS-my hand and officialal.Signature;-area for official notarial seal)Title Order No. 7756 2 Condee Corbin Escrow or Loan No.T770572-MW MAIL TAX STATEMENTS AS DIRECTED ABOVE DEED AUTHORIZATION This is to certify that the interest in real propertyconveyedbytheGrantDeeddatedMarch281991fromCitibank, N.A. as Subtrustee * to the CITY OF ORANGE, amunicipalcorporation (the "City"), is hereby accepted by theundersignedofficeroragentonbehalfoftheCitypursuanttoauthorityconferredbyResolutionNo. 7767 of the City adoptedbyitsgoverningbOdyonMarch19 , 1991 andtheCityasGranteeconsentstorecordationthereofbyitsdUlyauthorizedofficer. Dated: April 8,1991 CITY OF ORANGE BY:~~{' 0;1?7?/m~ STATE OF CALIFORNIA COUNTY OF ORANGE ss. On this 20th day of March , 1991,before me, a Notary Public in and for said County and State,personally appeared Ronald Thompson-----___, personally knowntome (~xxpx~.e<<xt.XM8XeftXffH~X68~!~X~EX~8f!!f8e~OffXe~fdeft~e)to be the person who executed this instrument as theCityManaaeroftheCityofOrangeandacknowledgedtomethattheCityofOrangeexecuted it. Q) OFFICIAl, SEAL DAR'tENE R. CHANDLER tJOTARY PUBLIC" CAtlFORMA OR'IflGE COONlY My comm. "plre. Al'R 29. 19!!4 lvu-- cq~~ Notary Public SEAL) for Bankers Trsut Company, as Trustee of the General Motors Retirement Program forSalariedEmployeeTrustandtheGeneralMotorsHourly-Rate Employees Pension Trust.03/15/ 91 4471u/2359/ EXl11B1T A-That portion of Rancho Santiago De Santa Ana allotted to Abel Stearns-as described in theFinalDecreeofPartitionoftheRanchoSantiagoDeSantaAna, in said City of Orange, County of Orange, State of California, a certified copy of which was recorded September12, 1868 in Book "8" Page 410 of Judgments of the District Court of the 17thJudicialDistrictinandforLosAngelesCounty, California, more particularly describedasfollows:Commencing at a City of Orange well monument, with hex bar, as shown on Record of Su&vey Plat RIS 92-42, of Record of Surveys, Orange County, California; thence North8957' 00" West 5.00 feet to the intersect.ion of the centerl ines of La Veta AvenueandMainStreet, as shown or said map of Tract No. 2462 recorded in Book 67 Pages 43and44, of Miscellaneous Maps, in the Office of the CounSy Recorder of Orange County;thence along thS centerline of said Main Street South 00 12' 30" West 663.96 feet;thence North 89 57' 00" West033.00 feet to a point, said point being thS true pointofbeginning; thence North 00 1b' 30" East 487.05 feet; thence North 89 46' 30".West 17.00 feet; thence North 00 12' 3D" East 100.00 feet.; thence North 370 57' 25"West 11.94 feet; thence North BOO OS' 55" West 102.08 feet; thence North 89 57' DO"o 0West452.80 feet; thence South 4g 23' 17" West 38.23 feet; thence North 00 12' 30"East 45.00 feet; thence North 89 57' 00" West 14.09 feet to a poigt on the EasterlylineofsaidTract2462; thence along said Easterly line, South 00 1b' 3D" West 634.06 feet to the Southerlo line.of said Tract 2462; thence South 89 57' 00" EastIS_DO feet; thence North 00 12' 3D" East 580.03 feet; thence North 48~ 3D' 1B" East36.08 feet; thence South 890 57' DO" East 212.79 feet; thence South 870 33' 51" East240~2l feet; .thence South g90 57~ DO" East 65.00 feet; thence South 4g 52' IS" East33.99 feet; thence South 0 b2' 30" West 159.70 feet; thence South 02 35' 01" East410.63 feet; thence South 89 57' 00" East 17.00 feet to the true point of beginning. i f f I I